GOPAL DAS Vs. GHISALAL

JUDGEMENT

(1.) THIS is a second appeal by the defendant in a suit for recovery of money.

(2.) RESPONDENT Ghisalal instituted the present suit on 25th August 1951, against the appellant Ma-hant Gopal Das on the allegation that the said Ma-hant Gopal das borrowed Rs. 1,475 from the plaintiff on 15th September 1948, for the purpose of providing Bhog Kharach lor the temple of Shri Janki Ballabhji, of which the defendant was the Mahant, and promised to repay the same on the 14th of january 1949, but as he failed to pay the same, the suit had to be instituted for recovery of the principal amount of Rs. 1,475 and interest Rs. 258-2-0, total being rs. 1,733-2-0.

(3.) THE defendant denied "the execution of the ruqqa or the taking of the loan, and pleaded that one Kan Das was the Adhikari of the temple, who had been turned out and the ruqqa had been fabricated with his assistance. The defendant specifically raised the issue how the defendant was personally sought to be made liabie when the purpose of the loan was stated to be the provision of Bhog Rag of the temple. The plaintiff made it clear through his Advocate on more than one occasion that the suit was against the defendant in his personal capacity, and no claim was sought to be enforced against the property of the temple.